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Lima Town City Zoning Code

ARTICLE V

Residence Use Districts R

§ 250-19 Purpose.

The R Districts are established to provide for the development of residential neighborhoods occupied primarily by single-family residences. It is contemplated that all residences in these districts shall be served by public water supply and public sewage disposal and/or water supply facilities.

§ 250-20 Permitted uses.

In R District, no building or other structure or land shall be used and no building or other structure shall be built, altered or erected for any purpose other than:
A. 
One-family dwelling, including the following accessory uses and buildings:
(1) 
Accessory use of buildings, as defined herein.
(2) 
Keeping of not more than three transient roomers and boarders.
(3) 
Outdoor storage of no more than one each of the following: boat, boat trailer, camp trailer or cargo trailer owned for personal use by a resident of the premises.
(4) 
Private garage or open parking for operative passenger vehicles of persons visiting or residing on the premises.
(5) 
Playhouse, toolhouse or garden house.
(6) 
Private swimming pool not operated for gain.
B. 
Cultivation of land and production of crops.
[Amended 10-6-2011 by L.L. No. 9-2011]
C. 
Other uses and other building and structures as provided by § 250-67 (Setback exceptions for private garages on steep slopes), § 250-72 (Signs), and § 250-74 (Temporary uses and structures).
D. 
The following uses permitted by special use permit subject to the procedures and criteria in § 250-65:
(1) 
Bus-passenger shelter.
(2) 
Church or other place of worship, together with its usual accessory buildings, including parish houses, but not including cemeteries.
(3) 
Educational institutions.
(4) 
Electric substation, telephone exchange, or similar public utility structure or use.
[Amended 4-3-2014 by L.L. No. 2-2014]
(5) 
Multifamily, two-family and semidetached dwellings with minimum lot area per dwelling unit of 10,500 square feet.
(6) 
Municipal, county, state or federal uses or buildings.
(7) 
Public parks and noncommercial recreation facilities.
(8) 
School, primary and secondary, (not including vocational, trade or business schools).

§ 250-21 Prohibited uses.

[Amended 4-3-2014 by L.L. No. 2-2014]
Explicitly prohibited uses, and any use not specifically set forth in § 250-20 above as a permitted use (as of right, accessory, or upon special permit, as the context may admit), shall be prohibited within Residence Use Districts R.

§ 250-22 Area, setback and height restrictions.

A. 
Dwellings.
(1) 
Area per dwelling unit and lot dimensions. The minimum width of the lot at the front building line shall be 150 feet, and the minimum depth of the lot shall be 140 feet from the street line so as to yield a minimum lot size of 21,000 square feet. However, this shall not apply to prevent the construction of a one-family dwelling on a lot existing prior to the date of enactment and not adjoined at the side by other unoccupied land in the same ownership having an area of less than 21,000 square feet, provided that the front, rear and side setback requirements specified below are met.
(2) 
Front setbacks. No building or part of a building other than steps, open porches, eaves and cornices and similar fixtures shall extend nearer the street line than the average distance of setback of the nearest main building within 100 feet on each side of said building and fronting the same side of the street. When only one building exists on the same side of the street with the building to be erected and within 100 feet thereof, the building setback from the street line shall be not less than the average between the setback of the existing building and 50 feet. When no building exists on the same side of the street with the building to be erected within 100 feet thereof, the setback at the front shall be 50 feet from the street line or 75 feet from the center line of the street, whichever requires the greater setback from the street line. However, the above shall not apply to require placing a building more than 10 feet back of the front main wall of an existing adjacent building within 100 feet thereof. Building setbacks specifically established by § 250-76 of this chapter or by any other action of the Town Board shall take precedence over the above.
(3) 
Rear setbacks. There shall be a rear setback with a depth of not less than 25 feet. When a building or property extends through a block from street to street, the front setback requirements shall be observed on both streets.
(4) 
Side setbacks. There shall be two side yards with a total width of not less than 30 feet, and the width of the narrower of the two side yards shall not be less than 1/3 of the total width of the two side yards.
(5) 
Corner lots. In the case of a corner lot, both yards abutting streets shall be determined as Subsection A(2). The minimum width of the lot at the building line parallel to the street considered to be the front street shall be 130 feet.
(6) 
Height. For each foot that the height of a building or other structure exceeds 35 feet, the total width of the two side setbacks shall be increased by two feet.
B. 
Nondwelling uses.
(1) 
Area per use and lot dimensions. The minimum land area or lot size per nondwelling use shall be 25,000 square feet, and the minimum width of the lot at the front building line shall be 150 feet. For a nonresidential building other than a garage or other building accessory to a dwelling, there shall be two side setbacks with a total width of not less than 60 feet, and for each foot the height of such building exceeds 35 feet, the total width of the two side setbacks shall be increased by four feet. The width of the narrower of the two side setbacks shall not be less than 1/3 of the total width of the two side setbacks.
(2) 
For purposes of calculation of the area of land required, reference is made to the definitions contained in Article III of this chapter, and specifically to the definitions of "area, land"; "building line, front"; "lot, corner"; "lot depth"; "lot of record"; "street line" and "setback, front," which said definitions are to be deemed to be incorporated in this section and subsections, and as such definitions may be amended from time to time.

§ 250-23 Private garages and other accessory buildings.

A. 
No detached private garage or other accessory building shall be placed closer to a side or rear property line than 10 feet, and for each foot the height of such building exceeds 15 feet, the offset from the rear and side property line shall be increased by one foot. No detached garage or other accessory building shall be placed closer to the street line than 10 feet to the rear of the front main wall of the principal building and on a corner lot closer to the street line of the side street than 50 feet or 1/2 the width of the lot, whichever is the lesser. In relation to an attached garage or carport built as a structural part of a dwelling, with or without breezeway connection, the same front and side yards shall be required as for a dwelling, and such yards shall be measured from the outer walls or roofline of such attached garage or carport. An attached garage or carport may extend into a rear yard.
B. 
Allowable exceptions to the above requirements for accessory buildings to be built on steep slopes are as provided by § 250-67.
C. 
No garage or other accessory building shall be used as a dwelling except by a person or persons employed on the premises.

§ 250-24 Location of driveways.

No driveway center line shall intersect a street line less than 40 feet from the intersection of any two street lines.

§ 250-25 Area restrictions for lots not served by public water and sewer.

A. 
In the case of lots in R Districts not served by public water and/or sewer, the minimum lot area per dwelling unit shall be 21,000 square feet, and the minimum width at the front building line shall be 200 feet.
B. 
For purposes of calculation of the area of land required, reference is made to the definitions contained in Article III of this chapter and specifically to the definitions of "area, land"; "building line, front"; "lot, corner"; "lot depth"; "lot of record"; "street line" and "setback, front," which said definitions are to be deemed to be incorporated in this section and subsections, and as such definitions may be amended from time to time.